Homologation - The HAS application process

What are the steps for an application to modify a judgment through the Homologation Assistance Service (HAS)?

The parties must go to a legal aid office (LAO) to fill out legal aid applications. They can go together to the LAO that serves the place of residence of at least one of them or, alternatively, each of them can go to the LAO that serves his or her place of residence. They must bring the documents mentioned under « Required documents ».

Once both legal aid applications have been completed, all required documents have been provided and the legal aid staff lawyer establishes that the file is eligible for the HAS, the parties must pay the cost of the service (unless they are eligible for gratuitous legal aid).

The lawyer the parties have chosen (either a legal aid staff lawyer or a lawyer in private practice) meets with the parties, both of whom are his clients.

He drafts a joint motion for the two parties.

The lawyer then drafts the agreement between the parties, which both parties must sign. If support is payable for a child over the age of majority, the child may be required to sign the agreement.

The documents pertaining to child and spousal support are filled out, as needed.

The lawyer then mails all of the documents to the office of the court of the courthouse where the judgment being modified was rendered. The lawyer does not pay the cost for the judicial stamp as it is included in the fees paid by the parties.

The lawyer does not pay court costs as they are included in the fees paid by the parties.

The special clerk homologates the agreement, which then becomes an executory judgment of the Superior Court.

The office of the court sends the judgment to the lawyer who then fowards a copy to each of his clients.

If support payments are involved, a copy of the judgment is automatically sent to Revenu Québec and the amount to be collected is adjusted accordingly.